Our blog discusses the latest cases (good and bad) that affect plaintiff trial attorneys every week, and the following is our Top 5 Plaintiff eDiscovery cases of 2012: 5. Race Tires America, Inc. LLC v. Hoosier Racing Tire Corp. (Race Tires II), No. 11-2316, 2012 WL 887593 (3d Cir. Mar. 16, 2012). The Third Circuit
Predictive Coding
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- August 10, 2012
Did the Global Aerospace Order Ease the Fears of Plaintiffs?
The plaintiffs’ objections to the defendant’s use of predictive coding to cull their enormous ESI production was noted to be “not fully articulated” in the 2012 Virginia case Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040). Our last blog noted that this might have
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- August 8, 2012
Plaintiff ESI Production Strategies are Necessary from the Beginning of the Case
The 2012 Virginia court opinion Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040) was no small discovery case. The physical amount of the ESI data was over 200 gigabytes (GB), or the equivalent of about two million pages if printed. The court in Global
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- August 6, 2012
Do Plaintiffs Have the Right to Choose eDiscovery Production Methods?
More cases are coming down across the nation dealing with eDiscovery review methods, and a common theme has been to order computer-assisted document review (aka “predictive coding”) to make document review more efficient. Sometimes, this is beneficial for plaintiffs, such as our discussion of the National Day Laborer Organization, where the court found the defendants’
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- August 1, 2012
Another Federal District Court Endorses Issue Coding as a Best Practice
Monday’s blog discussed U.S. District Judge Shira A. Scheindlin’s opinion in a Freedom of Information Act (FOIA) case that mere keyword searches tend to be inadequate and that defendants who self-collect must disclose their search terms and methods. National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012
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- July 30, 2012
Go Fish! The Inadequacy of Mere Keyword Searches in Electronic Discovery
The plaintiffs in National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012) were legal advocacy groups who sought documents pursuant to the Freedom of Information Act (FOIA) from multiple government agencies regarding an immigration enforcement program. After the defense
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- July 23, 2012
Plaintiff Programmatic Issue Coding: The Scalpel of Document Review Tools
Anyone who keeps up with eDiscovery rules and law knows that a district court has affirmed U.S. Magistrate Judge Andrew J. Peck’s judicial order in Monique Da Silva Moore v. MSL Group, No. 11 Civ. 1279 (ALC)(AJP) (S.D.N.Y. 2012). In the case, Magistrate Judge Peck pronounced, “Computer assisted review is an acceptable way to search
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- July 9, 2012
New York Appellate Division Rules on ESI Production Costs
Earlier this year, in U.S. Bank N.A. v. GreenPoint Mortgage Funding Inc., the New York Appellate Division, 1st Department, ruled the producing party should bear the cost of “searching for, retrieving, and producing documents, including electronically stored information.” The court further ruled that ESI production costs can be shifted at the court’s discretion. This decision
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